Regulation 2009/715 - Conditions for access to the natural gas transmission networks

Please note

This page contains a limited version of this dossier in the EU Monitor.

Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This regulation was in effect from September  3, 2009 until February  4, 2025.

2.

Key information

official title

Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005
 
Legal instrument Regulation
Number legal act Regulation 2009/715
Original proposal COM(2007)532 EN
CELEX number97 32009R0715

3.

Key dates

Document 13-07-2009
Publication in Official Journal 14-08-2009; OJ L 211, 14.8.2009,Special edition in Croatian: Chapter 12 Volume 005
Effect 03-09-2009; Entry into force Date pub. + 20 See Art 32
03-09-2009; Application See Art 32
03-03-2011; Partial application See Art 31
End of validity 04-02-2025; Repealed by 32024R1789

4.

Legislative text

14.8.2009   

EN

Official Journal of the European Union

L 211/36
 

REGULATION (EC) No 715/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 13 July 2009

on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

 

(1)

The internal market in natural gas, which has been progressively implemented since 1999, aims to deliver real choice for all consumers in the Community, be they citizens or businesses, new business opportunities and more cross-border trade, so as to achieve efficiency gains, competitive prices and higher standards of service, and to contribute to security of supply and sustainability.
 

(2)

Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas (4) and Regulation (EC) No 1775/2005 of the European Parliament and of the Council of 28 September 2005 on conditions for access to the natural gas transmission networks (5) have made significant contributions towards the creation of such an internal market in natural gas.
 

(3)

Experience gained in the implementation and monitoring of a first set of Guidelines for Good Practice, adopted by the European Gas Regulatory Forum (the Madrid Forum) in 2002, demonstrates that in order to ensure the full implementation of the rules set out in those guidelines in all Member States, and in order to provide a minimum guarantee of equal market access conditions in practice, it is necessary to provide for them to become legally enforceable.
 

(4)

A second set of common rules entitled ‘the Second Guidelines for Good Practice’ was adopted at the meeting of the Madrid Forum on 24 and 25 September 2003 and the purpose of this Regulation is to lay down, on the basis of those guidelines, basic principles and rules regarding network access and third party access services, congestion management, transparency, balancing and the trading of capacity rights.
 

(5)

Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas (6) provides for the possibility of a combined transmission and distribution system operator. The rules set out in this Regulation do not therefore require modification of the organisation of national transmission and distribution systems that are consistent with the relevant provisions of that Directive.
 

(6)

High-pressure pipelines linking up local distributors to the gas network which are not primarily used in the context of local distribution are included in the scope of this Regulation.
 

(7)

It is necessary to specify the criteria according to which tariffs for access to the network are determined, in order to ensure that they fully comply with the principle of non-discrimination and the needs of a well-functioning internal market and take fully into account the need for system integrity and reflect the actual costs incurred, insofar as such costs correspond to those of an efficient and structurally comparable network operator and are transparent, whilst including appropriate return on investments, and, where appropriate, taking account of the benchmarking of tariffs by the regulatory authorities.
 

(8)

In calculating tariffs for access to networks, it is important to take account of the...


More

This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

7.

Full version

This page is also available in a full version containing the summary of legislation, de geconsolideerde versie, the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand, the related cases of the European Court of Justice and finally consultations relevant to the dossier at hand.

The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.

8.

EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.

  • 1. 
    COM(2007) 1.

     
  • 2. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 3. 
    COM(2005) 59.

     
  • 4. 
    OJ C , , p. .

     
  • 5. 
    As defined in Article 22 of Directive 2003/55/EC and in Article 7 of Regulation (EC) No 1228/2003.

     
  • 6. 
    An organigram will be attached to the Explanatory Memorandum.

     
  • 7. 
    For example, in electricity, it is clear that the setting of technical codes needs to be determined for each synchronous area for some issues.

     
  • 8. 
    OJ C , , p. .

     
  • 9. 
    OJ C , , p. .

     
  • 10. 
    OJ C , , p. .

     
  • 11. 
    OJ C , , p. .

     
  • 12. 
    OJ L 176, 15.7.2003, p. 57.

     
  • 13. 
    OJ L 289, 3.11.2005, p. 1.

     
  • 14. 
    COM(2007) 1.

     
  • 15. 
    COM(2006) 841.

     
  • 16. 
    SEC(2006) 1724.

     
  • 17. 
    OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

     
  • 18. 
    OJ C 255, 21.10.2006, p. 1.

     
  • 19. 
    OJ C , , p. .

     
  • 20. 
    COM(2005) 59.

     
  • 21. 
    OJ C , , p. .

     
  • 22. 
    OJ L 262, 22.9.2006, p. 1.

     
  • 23. 
    COM(2007) 1.

     
  • 24. 
    COM(2005) 59.

     
  • 25. 
    COM(2005) 59.

     
  • 26. 
    COM(2005) 59.

     
  • 27. 
    COM(2005) 59.

     
  • 28. 
    COM(2005) 59.

     
  • 29. 
    COM(2005) 59.

     
  • 30. 
    COM(2005) 59.

     
  • 31. 
    COM(2005) 59.

     
  • 32. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 33. 
    COM(2007) 1.

     
  • 34. 
    COM(2005) 59.

     
  • 35. 
    COM(2007) 1.

     
  • 36. 
    COM(2005) 59.

     
  • 37. 
    COM(2007) 1.

     
  • 38. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 39. 
    COM(2007) 1.

     
  • 40. 
    COM(2005) 59.

     
  • 41. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 42. 
    COM(2007) 1.

     
  • 43. 
    OJ C , , p. .

     
  • 44. 
    COM(2007) 1.

     
  • 45. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 46. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 47. 
    COM(2005) 59.

     
  • 48. 
    OJ C , , p. .

     
  • 49. 
    COM(2007) 1.

     
  • 50. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 51. 
    COM(2005) 59.

     
  • 52. 
    OJ C , , p. .

     
  • 53. 
    As defined in Article 22 of Directive 2003/55/EC and in Article 7 of Regulation (EC) No 1228/2003.

     
  • 54. 
    An organigram will be attached to the Explanatory Memorandum.

     
  • 55. 
    For example, in electricity, it is clear that the setting of technical codes needs to be determined for each synchronous area for some issues.

     
  • 56. 
    OJ C , , p. .

     
  • 57. 
    OJ C , , p. .

     
  • 58. 
    OJ C , , p. .

     
  • 59. 
    OJ C , , p. .

     
  • 60. 
    OJ L 176, 15.7.2003, p. 57.

     
  • 61. 
    OJ L 289, 3.11.2005, p. 1.

     
  • 62. 
    COM(2007) 1.

     
  • 63. 
    COM(2006) 841.

     
  • 64. 
    SEC(2006) 1724.

     
  • 65. 
    OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

     
  • 66. 
    OJ C 255, 21.10.2006, p. 1.

     
  • 67. 
    OJ C , , p. .

     
  • 68. 
    COM(2005) 59.

     
  • 69. 
    OJ C , , p. .

     
  • 70. 
    OJ L 262, 22.9.2006, p.
     
  • 71. 
    COM(2007) 1.

     
  • 72. 
    COM(2005) 59.

     
  • 73. 
    COM(2005) 59.

     
  • 74. 
    COM(2005) 59.

     
  • 75. 
    COM(2005) 59.

     
  • 76. 
    COM(2005) 59.

     
  • 77. 
    COM(2005) 59.

     
  • 78. 
    COM(2005) 59.

     
  • 79. 
    COM(2005) 59.

     
  • 80. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 81. 
    COM(2007) 1.

     
  • 82. 
    COM(2005) 59.

     
  • 83. 
    COM(2007) 1.

     
  • 84. 
    COM(2005) 59.

     
  • 85. 
    COM(2007) 1.

     
  • 86. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 87. 
    COM(2007) 1.

     
  • 88. 
    COM(2005) 59.

     
  • 89. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 90. 
    COM(2007) 1.

     
  • 91. 
    OJ C , , p. .

     
  • 92. 
    COM(2007) 1.

     
  • 93. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 94. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 95. 
    COM(2005) 59.

     
  • 96. 
    OJ C , , p. .

     
  • 97. 
    Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
     
  • 98. 
    EUR-lex provides an overview of the proposal, amendments, citations and legality.